City council violates state law; officials apologize to publicByBrooke ChambersReporter

After a special meeting of the Russellville City Council on Thursday that left the public scratching their heads, The Courier learned Friday the entire meeting was held in violation of state law.

Personnel Committee Chair Robert Wiley requested the special meeting be held, in which the council immediately retired into executive session citing "personnel matters" would be discussed, although no specific purpose was disclosed to the public, which is required.

After a 40-minute session, the meeting resumed with no action taken.

However, according to comments from Mayor Tyrone Williamson, Human Resources Director Christi Williams and various aldermen Friday, Thursday's meeting was held to discuss a proposed salary increase for outgoing City Finance Director/Treasurer Tori Apple in an effort to retain her.

Apple announced her resignation in a Jan. 9 council meeting, effective Friday.

According to city officials, Apple agreed upon suggestion to withdraw her resignation if the city would increase her salary from about $47,000 to $54,000.

According to the Arkansas Freedom of Information Act (FOIA), executive sessions are permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining or resignation of any public officer or employee. Discussion of salary increases for employees should be open to the public, according to the law.

But instead, the city council held Thursday's discussion behind closed doors, and made no report to the public after the conclusion of the executive session.

According to Wiley and Alderman Randal Crouch, the council "voted" in executive session not to increase Apple's salary.

However, the FOIA also clearly states, "No resolution, ordinance, rule, contract, regulation, or motion considered or arrived at in executive session will be legal unless, following the executive session, the public body reconvenes in public session and presents and votes on the resolution, ordinance, rule, contract, regulation or motion."

According to Williamson and Wiley, when Apple's salary increase was denied, thus leaving the position open as of Friday afternoon, the council proceeded during Thursday's executive session to vote 5-1 to hire a new finance director. Again, according to the FOIA, a vote in executive session is unlawful.

After the meeting was adjourned, noting to the public no action was taken, members of the personnel committee instructed the city human resources director to offer the finance director's position to a local candidate.

The position was offered, and the candidate accepted, according to the human resources director.

However, after reading an article in the Jan. 26 edition of The Courier regarding the special meeting, Williamson acknowledged the action was illegal and offered a solution.

"I apologize to the newspaper in regards to our personnel meeting we had yesterday," the mayor said. "Because we should have told what we were going into executive session about, which was [to discuss whether to] recant the treasurer's resignation and try to offer her more money."

After assuring The Courier a future legitimate meeting would be held, tentatively scheduled for Monday, the mayor then referred the media to Wiley for any additional information.

Wiley also acknowledged the council's mistakes and said, "We should have done things differently. ... There were six of us in there - the whole council of the ones who could get there, with one sick and one out of town (Aldermen Faye Abernathy and Freddie Harris). We voted to appoint the next treasurer, and I should have said that last night. We won't let it happen again."

Contacted by The Courier on Friday, Alderman Cliff Kirchner said, "I believe we were in error. We should have told the press the reason why we were going into executive session."

However, Kirchner said only discussion took place in executive session, and noted no consensus was reached, prompting aldermen to claim no action was taken. "It should have gone to a public vote," he said.

Because the decision to hire the new director of finance was made without a legal council vote, The Courier decided not to publish the name of the chosen candidate at this time.

Aldermen Phil Carruth, Scott Sanders and Bill Eaton, who were present at Thursday's meeting, did not return phone calls from The Courier by press time.